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On Constitutional Crisis, the Rule of Law, and the Fate of Democracy
On Constitutional Crisis, the Rule of Law, and the Fate of Democracy
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The TikTok Ban and the Limits of the First Amendment

The Supreme Court’s unanimous affirmation of the TikTok Ban reveals a dangerous weakness in the First Amendment: its failure to protect against government repression that targets the economic infrastructure of speech, rather than speech itself — precisely the kind of repression that is likely to be a hallmark of the second Trump presidency.

The Institutional Neutrality Trap

An increasing number of universities want to restrict their leaders from speaking about issues of public concern. This push for “neutrality” is a key piece of a broader conservative campaign to suppress speech that conservatives don’t like. It also offers a lesson about what we can expect of powerful institutions in the second Trump era.

Recent

Weekly Roundup: Feb 14

Luke Herrine on writing down our dreams during a living nightmare, Allison Tait on the not-so-secret lives of trusts, and Ezra Rosser on how antipoverty advocates can go on the offensive. Plus, an upcoming event with Umut Özsu and Sam Moyn, a new paper by Brian Highsmith, Maya Sen, and Kathy Thelen, a new piece by Marshall Steinbaum about the longstanding Democratic. . .

How Antipoverty Advocates Can Go On The Offensive

In the embers of the Supreme Court’s disastrous Grants Pass decision, a new form of necessity doctrine offers a ray of light. If private property owners’ exclusionary rights are meaningfully threatened, might the political will for ending homelessness and food insecurity finally emerge?

The Not-So-Secret Lives of Trusts

One common critique of trust law is that it exacerbates wealth inequality by creating layers of financial secrecy for families with substantial assets. Yet in facilitating the purchase of high-end real estate, private jets, and super-yachts, trust law also produces visible, even mappable effects on our physical landscape.

On Writing Down Our Dreams During a Living Nightmare

When it’s time to rebuild from the wreckage of the Trump-Musk rampage, the left may have the opportunity to implement a truly transformative agenda. However, unless we have relatively detailed proposals ready in advance, we will lose out to those who merely want to reproduce what came before.

Weekly Roundup: Feb 7

Six perspectives on fissures on the right, Jed Kroncke on the rise of anti-democratic super-property, and Ben Sachs on what happens to labor preemption without a functioning labor board. Plus, our favorite pieces on the Treasury payments crisis, Blake Emerson on the systemic constitutional violations under Trump, Samuel Bagenstos on writing about the illegality. . .